Child maintenance

[wendyelliott]

My partner has never paid maintenance you our 2 children in the 8 year we have been separated. He has now been given a lengthy prison sentence which means our joint home will be sold. ( I do not want to go back to the joint home).
Would I be able to claim some of his share to support our 2 girls?

.*for

If you weren’t married, not likely.

You can only backdate a claim from the date you make it, so there would be no arrears. Simple answer is no- and you won't be entitled to much whilst he's in prison via CSM either as they won't take the asset into account. Maybe see a lawyer, but I doubt 8 years later there is much you can claim.

I don't want to backdate anything. I mean from the profit in the home. Something for the girls as both in education. I don't expect anything for me.

No

Why does the home have to be sold? It’s not like they charge him rent in prison!

Unless you have claimed maintenance in the past and he is in arrears with you then no. Even then it's likely a legal battle.

Do you have a claim currently? If not why not?! Do it now!

If you jointly own the house won't you be getting half? Has he been living in your house rent free??

Maybe because it was bought with money made from XP's crime?

Maybe because there will be nobody to pay the mortgage?

House has to be sold as he will be away a long time.

House has a mortgage that we both pay.

Sold. Because you can't afford to live there ?

Sorry cross post
Is it in joint names ?
If so you will get half I guess of anything left after the mortgage is paid off
Will you have enough to buy something else ?

I know I get half. My question was can I put a claim into court for some of his assets as I am bringing up his 2 children. There is very little profit in the property.

No, you can’t.

Yes, you can.

See a solicitor immediately and ask about making a Schedule 1 claim.

solicitors.lawsociety.org.uk

Thank you. Will look into that.